PROCEDURE RELATING TO ISSUE OF SUMMONS UNDER BHARATIYA NAGARIK SURAKSHA SANITA, 2023

[Mr. M. GOVINDARAJAN]

Para A of Chapter VI of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) provides the procedure for issue of summons in criminal cases in Sections 63 to Section 71.

Summons

Every summon shall be in writing.  It shall be prepared in duplicate.  It shall be signed by the Presiding Officer or such Court or by such other officer as the High Court may direct.  The summon shall be in encrypted or any other form of electronic communication.  It shall bear the image of seal of the Court or digital signature.

Serving of summons

The summons shall be issued by-‘

• a police officer; or
• an officer of the issuing court subject to such rules as the State Government may make in this behalf; or
• other public servant.

The Police Station or the Registrar of the Court shall maintain a register for this purpose.  In the said register to enter the address, phone number and such other details as the State Government, by Rules, provide.

The summons shall be served-

• personally; or
• delivering or tendering him to him one of the duplicates of the summon.

Summons bearing the image of Court's seal may also be served by electronic communication in such form and in such manner, as the State Government may, by rules, provide.

If the summon is issued personally, if required, sign a receipt of summon on the back of the other duplicate.

Service of summons to various persons

Summons may be issued to the individuals, the business entities etc.  The summon on a company or corporation may be effected on the Director, Manager, Secretary or other officer of the company or corporation.  The summon may be sent to the above said Director etc., of the company by Registered post.  Such service shall be deemed to have been effected when the letter would arrive in ordinary course of post.

Service of a summons on a firm or other association of individuals may be effected by serving it on any partner of such firm or association, or by letter sent by registered post addressed to such partner, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.

If the person, to whom the summon is to be served on, is not available, the summons may be served by leaving one of the duplicates with some adult member of such person.  Such a person who receives the summon on behalf of the person concerned shall issue a receipt on the back side of the other duplicate.  For this purpose, the servant is not considered as the family member.  Therefore, the summon served on the servant is not valid.

If the summon cannot be served on any one of the above methods, the serving officer shall affix one of the duplicates of the summon to some conspicuous part of the house or homestead in which the person summoned ordinarily resides.   The Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed. Such head shall cause the summons to be served in the manner provided by section 64, and shall return it to the Court under his signature with the endorsement.  Such service is the evidence of due service.

If a Court wants a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.

If a summons issued by a Court is served outside its local jurisdiction, and if the officer who has served a summons is not present at the hearing of the case, an affidavit, is to be filed before a Magistrate declaring that such summons has been served, and a duplicate of the summons purporting to be endorsed by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence.   The statements made therein shall be deemed to be correct unless and until the contrary is proved.  The said affidavit may be attached to the duplicate of the summons and returned to the Court.   All summons served through electronic communication shall be considered as duly served.  A copy of such summons shall be attested and kept as a proof of service of summons.

Service of summons on witness

A Court issuing a summons to a witness may direct a copy of the summons to be served by electronic communication or by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.

When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received or on the proof of delivery of summons by electronic communication to the satisfaction of the Court, the Court issuing summons may deem that the summons has been duly served.